8.10.070 Violations and penalties.
A. It is unlawful for any owner, operator, manager or other person in control of any area where smoking is prohibited under this chapter to fail to comply with any provisions of this chapter.
B. It is unlawful for any person to smoke in any area where smoking is prohibited by this chapter.
C. Any person who violates any provision of this chapter shall be guilty of a violation punishable by:
1. A fine not exceeding $100.00, plus any surcharge required to be imposed by AS 12.55.039, for a violation;
2. A fine not exceeding $200.00, plus any surcharge required to be imposed by AS 12.55.039, for a second violation within a 24-month period as measured from the date of the most recent prior violation; or
3. A fine not exceeding $300.00, plus any surcharge required to be imposed by AS 12.55.039, for a third or additional violations within a 24-month period as measured from the date of the most recent prior violation.
D. Each and every day that such violation continues shall be deemed a separate and distinct violation.
E. The city or a person aggrieved by a violation or threatened violation of this chapter may bring a civil action against a person who violates this chapter and may recover a civil penalty not to exceed $300.00 per violation. An action to enjoin a violation may be brought notwithstanding the availability of any other remedy. (Ord. 12-015 § 4, 2012)